3134 To authorize a Lease Agreement between the Town of Tillsonburg and Rick LeeBY-LAW NUMBER 3134
A BY-LAW TO AUTHORIZE A LEASE AGREEMENT BETWEEN THE
CORPORATION OF THE TOWN OF TILLSONBURG AND RICK LEE
WHEREAS the Corporation of the Town of Tillsonburg is the owner of lands being Part of Lot
5, in the 7th Concession of the Township of South-West Oxford in the County of Oxford,
formerly Township of Dereham, in the County of Oxford and being a parcel of land having a
frontage of 50 feet by a depth of 48 feet as shown on Schedule "B" to this by-law.
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of
leasing this portion to Rick Lee;
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law
between the Corporation of the Town of Tillsonburg and Mr. Rick Lee is hereby
approved;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement
marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13th DAY
OF DECEMBER, 2004.
AY OR -Stephen Molnar
CLERK -Michael Graves
This Indenture
made the day of , two thousand and four,
IN PURSUANCE of the Short Forms of LeaSE�s Act,
BETWEEN:
THE CORPORATION OF THE TOWN OF TILLSONBURG
hereinafter called the "Lessor"
OF THE FIRST PART
AND
RICK LEE
hereinafter called the "Lessee"
OF THE SECOND PART
WHEREAS the Lessor is the owner of all those parcels or tracts of land described as:
Part of Lot 5, in the in 7th Concession of the Township of South-West Oxford in the
County of Oxford, formerly the Township of Dereham, in the County of Oxford.
WITNESSETH that in consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the said Lessee, to be paid, observed and
performed, the said Lessor has demised and leased and by these presents doth demise and
lease unto the said Lessee
ALL THOSE CERTAIN PREMISES excluding any part of the external walls known and
described as
Part of Lot 5, in the in 7th Concession of the Township of South-West Oxford in the
County of Oxford, formerly the Township of Dereham, in the County of Oxford, and
being a parcel of land having a frontage of 50 feet by a depth of 48 feet as designated on
the attached plan labeled Schedule "A".
TO HAVE AND TO HOLD the said demised premises for and continuing until the lease
is ended by the Lessee or Lessor
YIELDING AND PAYING THEREFOR annually and every year during the said term
hereby granted, unto the said Lessor, the sum of $528 per year indexed annually every
November by the Consumer Price Index, payable at par at the 1st day of January, the first
payment to be made on the I st day of January, 2005.
AND that, subject to the said rent, and the lessees covenants and the conditions in the
said lease, the Lessee may enter into and upon and peaceabl.� hold and enjoy the said
lands andp remises for the residue of the term granted by the; said lease and every renewal
thereof (if any) for his own use and benefit, without any interruption of the Lessor
or any other person whomsoever claiming or to claim by, through or under.
AND the Lessee covenants with the Lessor that the Lessee shall and will
from time to time during all the residue of the term granted by the said lease, and every
renewal thereof, pay the rent and perforin the lessees covenants, conditions and
agreements therein reserved, and indemnify and save harmless the Lessor therefrom and
from all actions, suits, costs, losses, charges, damages and expenses for or in respect
thereof.
AND that they will leave the premises in good repair (reasonable wear and tear and
damage by fire, lightning and tempest only excepted);
AND will not assign or sub -let the whole or any part of the demised premises without
leave ; the Lessee hereby waives and renounces the benefit of any present or future act of
the Legislature of Ontario which would allow the Lessee to assign or sub -let this lease,
without leave of the Lessor.
AND the said Lessee covenants with the said Lessor, its successors and assigns:
To construct a 50 foot by 48 foot pole barn style building;
The siding and roof colour will conform to existing buildings;
The building will be used for an aircraft maintenance and repair business.
AND the Lessee agrees to notify the Airport Manager of any changes or other activities
inside the hangar.
AND The Lessee will provide documentation showing current and proper insurance
coverage on the aircraft stored inside the hangar.
AND IT IS FURTHER DECLARED AND AGREED THAT the Lessor, shall not be
liable for any damage to any property at any time upon the demised premises arising
from gas, steam, water, rain or snow, which may leak into, issue or flow from any part of
the said building, or from the gas, water, steam or drainage caused by or attributable to
the condition or arrangement of any electric or other wires in the said building.
The Lessee shall be liable for any damage done by reason of water being left
running from the taps in the demised premises or from gas permitted to escape therein.
AND the Lessor, shall not be responsible for any personal injury which shall be
sustained by the Lessee or any employee, customer, or other person who may be upon the
demised premises or in the said building or the entrances or appurtenances thereto. All
risk of any such injury being assumed by the Lessee, who shall hold the Lessor harmless
and indemnified therefrom.
THE Lessee shall give the Lessor prompt written notice of any accident or other
defect in the sprinkler system, water pipes, gas pipes or heating apparatus, telephone,
electric or other wires on any part of the premises.
AND IT IS HEREBY FURTHER AGREED by and between the said Lessor and
the said Lessee that no sign, advertisement or notice shall be inscribed, painted or affixed
by the said Lessee on any part of the outside or inside of the building whatever, unless of
such manner, colour, size and style and in such places upon or in said building as shall be
first designated by the Lessor, and, furthermore, the Lessee, on ceasing to be Lessee of
the demised premises, will, before removing his goods and fixtures from the said
premises, cause any sign as aforesaid to be removed or obliterated at his own expense and
in a workmanlike manner to the satisfaction of the Lessor
THIS agreement may be terminated with 60 days notice by wither party.
PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance of
covenants.
In Witness Whereof the parties hereto have executed these presents.
SIGNED, SEALED and DELIVERED
in the presence of
WOW
L
(THE CORPORA ION OF THE
(TOWN OFT SONBURG
ayor
(STEPHEN MOLNAR
(Clerk-
(MICHAEL
GRAVES
71:
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